Meeting of the Parliament - Thursday 20 September 2018 Session 5 - Edinburgh

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Meeting of the Parliament - Thursday 20 September 2018 Session 5 - Edinburgh
Meeting of the Parliament

Thursday 20 September 2018

Session 5
Meeting of the Parliament - Thursday 20 September 2018 Session 5 - Edinburgh
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Thursday 20 September 2018

                                                                      CONTENTS
                                                                                                                                                                  Col.
GENERAL QUESTION TIME.................................................................................................................................. 1
  Non-domestic Rates Bill ............................................................................................................................... 1
  Scottish Ambulance Service (Resources) .................................................................................................... 2
  Learning Support (Colleges and Universities) .............................................................................................. 3
  Home Ownership (Public Sector Workers) ................................................................................................... 4
  Stranraer Waterfront (Regeneration) ............................................................................................................ 5
  Automated Teller Machines .......................................................................................................................... 7
  Public Toilets (Highlands) ............................................................................................................................. 8
FIRST MINISTER’S QUESTION TIME ..................................................................................................................... 9
  Schools (Subject Choice) ............................................................................................................................. 9
  Education .................................................................................................................................................... 13
  Paediatric Services (NHS Lothian) ............................................................................................................. 15
  Freight (Orkney and Shetland) ................................................................................................................... 15
  Royal Hospital for Sick Children (Contamination) ...................................................................................... 16
  A77 (Closures) ............................................................................................................................................ 17
  Tay Cities Deal ........................................................................................................................................... 18
  Demonstrators (Police Scotland) ................................................................................................................ 18
  Brexit (People’s Vote) ................................................................................................................................. 20
  Superfast Broadband .................................................................................................................................. 21
  Brexit ........................................................................................................................................................... 22
  Decommissioning Work (Dundee) .............................................................................................................. 23
  Poverty (Social Metrics Commission Framework)...................................................................................... 23
  Breast Screening Programme .................................................................................................................... 24
M ARINE ENERGY INDUSTRY.............................................................................................................................. 27
Motion debated—[Liam McArthur].
  Liam McArthur (Orkney Islands) (LD) ......................................................................................................... 27
  Alexander Burnett (Aberdeenshire West) (Con) ......................................................................................... 30
  David Torrance (Kirkcaldy) (SNP) .............................................................................................................. 32
  Lewis Macdonald (North East Scotland) (Lab) ........................................................................................... 33
  Mark Ruskell (Mid Scotland and Fife) (Green) ........................................................................................... 35
  Jamie Halcro Johnston (Highlands and Islands) (Con) .............................................................................. 36
  The Minister for Energy, Connectivity and the Islands (Paul Wheelhouse) ............................................... 38
NHS TAYSIDE BOARD...................................................................................................................................... 43
Statement—[Jeane Freeman].
  The Cabinet Secretary for Health and Sport (Jeane Freeman) ................................................................. 43
VIOLENCE REDUCTION ..................................................................................................................................... 57
Motion moved—[Ash Denham].
Amendment moved—[Liam Kerr].
Amendment moved—[Daniel Johnson].
  The Minister for Community Safety (Ash Denham) .................................................................................... 57
  Liam Kerr (North East Scotland) (Con)....................................................................................................... 61
  Daniel Johnson (Edinburgh Southern) (Lab) .............................................................................................. 64
  John Finnie (Highlands and Islands) (Green) ............................................................................................. 67
  Liam McArthur (Orkney Islands) (LD) ......................................................................................................... 70
  Rona Mackay (Strathkelvin and Bearsden) (SNP) ..................................................................................... 72
  Michelle Ballantyne (South Scotland) (Con) ............................................................................................... 75
  Fulton MacGregor (Coatbridge and Chryston) (SNP) ................................................................................ 77
  Ruth Maguire (Cunninghame South) (SNP) ............................................................................................... 80
  Neil Findlay (Lothian) (Lab) ........................................................................................................................ 82
  James Dornan (Glasgow Cathcart) (SNP) ................................................................................................. 84
  Maurice Corry (West Scotland) (Con) ........................................................................................................ 86
  Bob Doris (Glasgow Maryhill and Springburn) (SNP) ................................................................................ 89
  Daniel Johnson ........................................................................................................................................... 92
  Margaret Mitchell (Central Scotland) (Con) ................................................................................................ 94
The Cabinet Secretary for Justice (Humza Yousaf) ................................................................................... 96
DECISION TIME .............................................................................................................................................. 100
CORRECTION ................................................................................................................................................. 105
1                                           20 SEPTEMBER 2018                                              2

                                                        the United Kingdom, such as the growth
        Scottish Parliament                             accelerator, which applies to large and small
                                                        businesses.
          Thursday 20 September 2018
                                                          Jackie Baillie (Dumbarton) (Lab): The Scottish
                                                        Retail Consortium has noted that many
    [The Presiding Officer opened the meeting at        businesses are concerned with the proposed new
                      11:40]                            business rates levy, largely because of the
                                                        unpredictability that it introduces to the rates
        General Question Time                           system. I ask the minister specifically about the oil
                                                        and gas industry and its supply chain. Many oil
            Non-domestic Rates Bill                     and gas businesses are, through necessity, based
                                                        near the airport in out-of-town locations. Is it the
  1. Bill Bowman (North East Scotland) (Con):           minister’s intention that they, too, will have to pay
To ask the Scottish Government on what date it          more?
plans to introduce its non-domestic rates bill.
(S5O-02379)                                                Kate Forbes: That is a good question. As the
                                                        member may know, the Barclay consultation
  The Minister for Public Finance and Digital           closed on 17 September, and I am currently
Economy (Kate Forbes): We will bring forward a          considering and analysing the response. I have
non-domestic rates bill to implement the                also taken it upon myself to ensure that there is
recommendations of the Barclay review that              separate engagement with all stakeholders and
require primary legislation in time for the relevant    sectors that might be impacted by the
provisions to commence on 1 April 2020.                 recommendations of the independent Barclay
  The Minister for Parliamentary Business and           review.
Veterans will discuss timetabling of legislation and       The member may also be aware that we
how best to manage the existing and forthcoming         established the Barclay implementation advisory
legislative workload with committee conveners and       group to advise on implementation of the reforms.
business managers over the coming weeks and             The group includes representatives from all the
months.                                                 key non-domestic rates stakeholder groups. I am
   Bill Bowman: Given the Scottish National             happy to share with the member details of who is
Party’s record on legislation, by the time that the     in that group.
bill has been passed, Scottish businesses will            The Barclay consultation sought views on the
have paid nearly £400 million more than those in        implementation of that recommendation in
England due to the large business supplement.           particular, including on appropriate safeguards,
The Barclay review highlighted the widely held          such as whether there should be a cap on the
perception that because of that policy, Scotland is     level of supplement. We will review the response
not as competitive for business as England—a            to the consultation and I will report back in due
view that is shared by the Scottish Retail              course.
Consortium.
  Ministers are prone to ducking this question, but        Scottish Ambulance Service (Resources)
can they today provide a concrete timetable for           2. Anas Sarwar (Glasgow) (Lab): To ask the
reducing the large business supplement to the           Scottish Government what it is doing to ensure
English level?                                          that the Scottish Ambulance Service has sufficient
   Kate Forbes: The member will be aware that           resources. (S5O-02380)
Scotland is a very competitive place to do                The Cabinet Secretary for Health and Sport
business. Our small business bonus scheme is            (Jeane Freeman): We have invested almost £900
significantly more competitive than reliefs for small   million in the Scottish Ambulance Service in the
businesses elsewhere and we have committed to           past four years. That increased investment is
remove rates for 100,000 premises. Furthermore,         supporting the service to recruit 1,000 additional
from 1 April this year, Scotland has had the edge       staff by 2021 and introduce 1,000 new vehicles
in attracting new and growing existing businesses.      over the next five years, ensuring that the
We have ensured that new-build properties pay           Ambulance Service has the resources that it
nothing until they are occupied, and then the new       needs to deliver high-quality healthcare across
tenant will pay nothing for a year.                     Scotland.
  In answer to the member’s question, Barclay             Anas Sarwar: I am sure that people throughout
recommended that we lower the large business            the chamber and, I hope, the cabinet secretary
supplement when affordable. In the meantime, we         would have been shocked to read reports that
have focused on supporting small businesses and         some paramedics are having to work shifts of 36
ensuring that we have measures that are unique in       hours straight. She should be aware that that is
3                                           20 SEPTEMBER 2018                                             4

because of funding cuts, service closures and           adjustments to ensure that students with
downgrades across the national health service,          disabilities are not placed at a disadvantage in
which is putting even more pressure on our              comparison to non-disabled students. It is an
Ambulance Service. The situation is so bad that         anticipatory duty, which means that education
staff are now being balloted on industrial action as    providers should continually review and anticipate
a result of what they believe are dangerous             the general needs of disabled people, rather than
working conditions.                                     simply waiting until an individual requests a
                                                        particular adjustment.
  Will the cabinet secretary please tell us not just
what the ambition is for 2020-21 but what steps           As part of the Scottish Government’s work to
she is taking right now to ensure that the              take forward the recommendations of the
Ambulance Service is properly resourced and             independent review of student support, we will
staffed?                                                conduct a review of non-core and discretionary
                                                        support, which will include support for students
   Jeane Freeman: I think that Mr Sarwar is
                                                        with disabilities.
probably referring to the situation in the north-east
of Scotland, particularly around Moray. I am               Maurice Corry: What is the cabinet secretary’s
pleased to advise him that the Ambulance Service        position on the lack of readily available oral exams
has agreed to introduce what it describes as a          in Scotland for those who receive learning support,
“protected corridor” for the service from Elgin         which highlight their talents in a way that written
down to Aberdeen. Some of the additional                exams often fail to do?
pressure there has been caused by the current
                                                          John      Swinney:     Fundamentally     I   am
situation with respect to maternity services at Dr
                                                        sympathetic to the point that Mr Corry raises. Our
Gray’s hospital in Elgin—a situation that I am
                                                        education system should adapt to meet the
actively pursuing a resolution to. That protected
                                                        particular circumstances and requirements of
corridor is precisely what the local ambulance
                                                        individuals who have disabilities. My previous
personnel and paramedics asked me to deliver
                                                        answer was designed to indicate in principle our
when I met them on 3 August. I am delighted to
                                                        support in that respect.
say that I have been able to do that and the
corridor will be introduced from early October.            On specific examination standards, there are
                                                        issues that the chief examiner for Scotland would
   On the wider context, I have to say that Scottish
                                                        have to consider in order to be assured that proper
Ambulance Service staffing is up by 23.9 per
                                                        scrutiny was applied to assess qualifications. If Mr
cent—just under 24 per cent—the number of
                                                        Corry wishes to write to me with further details, I
paramedics is up by 19 per cent and the number
                                                        would be happy to raise the matter with the chief
of ambulance technicians is up by 30.4 per cent.
                                                        examiner. She operates independently of
In addition, the Ambulance Service has introduced
                                                        Government, but I am happy to raise those issues
its triage system, which has seen significant
                                                        with her on Mr Corry’s behalf.
improvement in the numbers of individuals who
are treated effectively, appropriately and quickly
                                                           Home Ownership (Public Sector Workers)
when they have a life-threatening incident or
accident.                                                 4. Pauline McNeill (Glasgow) (Lab): To ask
                                                        the Scottish Government what its response is to a
  I am well aware of the pressures that the
Ambulance Service is under. I met some of its           recent Unison report, which states that owning a
staff this morning when I was at NHS Forth Valley;      home has become “virtually impossible” for many
I appreciate the significant amount of dedication       public sector workers. (S5O-02382)
and skill that those staff bring to our health            The Minister for Local Government, Housing
service. I will continue to work with the Ambulance     and Planning (Kevin Stewart): I refer members
Service to look at where particular pressure points     to my entry in the register of interests as I am a
are and what we might do to assist.                     member of Unison.

 Learning Support (Colleges and Universities)              I noted the United Kingdom-wide report from
                                                        Unison and acknowledge that there is an
   3. Maurice Corry (West Scotland) (Con): To           affordability issue for some public sector workers.
ask the Scottish Government what improvements           That is why the Scottish Government operates a
it can make to learning support in further              range of initiatives aimed at making home
education colleges and universities to make it          ownership more affordable, such as help to buy
more effective. (S5O-02381)                             Scotland and the low-cost initiative for first-time
                                                        buyers, which have helped more than 28,000
  The Deputy First Minister and Cabinet
                                                        households into home ownership over the past
Secretary for Education and Skills (John
                                                        decade. Of those who have been supported into
Swinney): Colleges and universities have a duty
                                                        home ownership by those schemes, three quarters
under the Equality Act 2010 to make reasonable
                                                        are young people aged 35 and under. In addition,
5                                            20 SEPTEMBER 2018                                                  6

we have delivered more than 76,500 affordable            redevelopment of the Stranraer waterfront. The
homes since 2007, with almost 52,600 for social          site investigations work at the east pier is now
rent.                                                    complete and we expect to receive further
                                                         information from Dumfries and Galloway Council
  The report also highlights that home ownership
                                                         soon on its plans to redevelop the site.
for public sector workers is more affordable in
Scotland than it is in England and Wales. We will           Finlay Carson: On Monday, I facilitated a
keep it that way as we, the Scottish Government,         meeting with stakeholders in Stranraer, who are
ensure that we pay the living wage. This year we         absolutely determined to get what is best for the
have lifted the public sector pay cap. We are            town and are growing tired of broken promises.
committed to continuing to offer a fair deal for         Two and a half years ago, in April 2016, Deputy
public sector workers that is also affordable for the    First Minister John Swinney announced:
public purse.                                               “We are committed to regenerating the waterfront in
   Pauline McNeill: I thank the minister for that        Stranraer with £6 million—bringing new life to the town”.
comprehensive answer. He will know that the                With the Borderlands deal on the horizon for
report, entitled “Priced Out”, indicates that it would   Dumfries and Galloway, will the minister confirm
take decades for many to be able to save their           whether the Scottish Government has been in
money for a down payment on a property—it                discussions with Dumfries and Galloway Council?
suggests that it would take a minimum of 14 years.       Will he give an undertaking to support the
The research focuses on salaries for employees in        inclusion of a bid for funding for a world-class
five jobs—national health service cleaners,              water sports and marina facility at the waterfront
teaching assistants, librarians, nurses, and police      and commit here and now to deliver over and
community support officers.                              above the £6 million pledged in 2016 to get this
  I welcome what the minister said about the help-       project off the ground?
to-buy scheme and the number of young people it             Kevin Stewart: I understand people’s
has helped, but the average household income of          frustrations at having to wait for projects to move
those using the scheme is £46,000. Is it time to         forward but, as I have said, the £6 million from the
focus the scheme on people on lower incomes so           Scottish Government is available and will be spent
that we can help more public sector workers to           on Stranraer waterfront.
aspire to owning their own homes?
                                                            Let me give Mr Carson a wee insight into what
  Kevin Stewart: I think that we have already            discussions have been happening. Scottish
done a number of things that ensure that our help-       Government       regeneration      officials   visited
to-buy schemes are aimed at those on lower pay.          Stranraer to meet Dumfries and Galloway council
We have reduced the level of individual funding          officials over the summer. We are now in a
that we give. Some larger houses are available at        position where the site investigations at the east
great cost in the help-to-buy scheme south of the        pier are complete, and those findings will inform a
border; it is not the same here.                         revised strategic plan for the site and for the wider
  We will continue to look at what our help-to-buy       Stranraer waterfront area.
schemes are achieving. As I said earlier, the bulk          At a meeting in July 2018 between regeneration
of those folks who benefit from our help-to-buy          officials and council officials, a request was made
schemes are young people who are going on to             for the updated plans to be provided by the end of
the housing ladder for the first time.                   August 2018. The Scottish Government has not
  As I pointed out to Ms McNeill previously, our         yet received those, although it is our
policies here in Scotland mean that those folks          understanding that the council will provide them
working in the public sector are more able to afford     within the next few weeks. Once we are in receipt
to get on to the housing ladder than those in            of those plans, we will be able to move forward.
England and Wales and we will continue to ensure           Colin Smyth (South Scotland) (Lab): In 2011,
that that is the case.                                   when the then First Minister Alex Salmond opened
                                                         the new ferry terminal at Cairnryan, he made a
      Stranraer Waterfront (Regeneration)                commitment to the three Rs: regeneration, roads
  5. Finlay Carson (Galloway and West                    and rail. So far, none of the £6 million for
Dumfries) (Con): To ask the Scottish Government          regeneration has been delivered, there has been
whether it will provide an update on its                 no meaningful investment in improvements to the
commitment to fund the regeneration of the               A75 or A77 roads and people cannot currently get
Stranraer waterfront. (S5O-02383)                        a train at Stranraer railway station. How is that
                                                         commitment to the three Rs going for the minister?
  The Minister for Local Government, Housing             Frankly, it is not going very well for the people of
and Planning (Kevin Stewart): We remain                  Stranraer.
committed to providing up to £6 million for the
7                                           20 SEPTEMBER 2018                                                 8

  Kevin Stewart: I say to Mr Smyth, who is a            remind them that all consumers should continue to
former member of Dumfries and Galloway Council,         have access to an adequate ATM network.
that the Government is reliant on the council
providing the information that we require to move                   Public Toilets (Highlands)
forward and ensure that the £6 million of
investment from the Government is spent well. I           7. Edward Mountain (Highlands and Islands)
                                                        (Con): To ask the Scottish Government what
am hopeful that Dumfries and Galloway Council
                                                        support it provides to enable the Highland Council
will provide the information within the next few
                                                        to service the 96 public toilets that it has in the
weeks. Once we have it, we will be able to move
                                                        Highlands. (S5O-02385)
forward, and the £6 million can be invested in the
south-west of Scotland.                                    The Minister for Local Government, Housing
                                                        and Planning (Kevin Stewart): The council will
           Automated Teller Machines                    receive £487.5 million in Scottish Government
                                                        funding in 2018-19, which, taken together with the
   6. John Mason (Glasgow Shettleston) (SNP):
                                                        decision to increase council tax by the maximum
To ask the Scottish Government, in light of reports
                                                        allowable 3 per cent, means that it will have £17.1
of the number of free-to-use ATMs reducing at a
                                                        million more to support services this year
record rate, whether it will provide an update on
                                                        compared to last year.
what action it is taking to support communities on
this issue, particularly those in remote and rural         I am aware of the concerns that have been
areas. (S5O-02384)                                      expressed about the Highland Council’s proposals
                                                        to close a number of public toilets, and I discussed
  The Minister for Public Finance and Digital
                                                        that with the council leader on 15 June. At that
Economy (Kate Forbes): The Government will
                                                        meeting, I made it clear that, although it is for the
continue to support the save our cashpoints
                                                        council to take decisions on its services, the
campaign launched by Which? and the Federation
                                                        council should engage with local communities
of Small Businesses, although I am disappointed
                                                        before taking any decisions and should consider
that such a campaign is necessary in the first
                                                        the potential longer-term impact on tourism in the
place. As changes to the ATM network begin to
                                                        area, rather than just short-term financial savings.
take effect, I urge regulators and providers to be
                                                        [Kevin Stewart has corrected this contribution. See
mindful of the importance of ATMs and access to
                                                        end of report.] The council has extended its review
cash in our communities, many of which are still
                                                        until 31 October to allow that to take place, and I
dependent on cash. ATMs play a key role in local
                                                        welcome that decision.
communities and economies, particularly for those
on low incomes, older people and cash-based               Edward Mountain: The Cabinet Secretary for
small businesses. People in remote and rural            Culture, Tourism and External Affairs, Fiona
areas, with which I am particularly acquainted, that    Hyslop, has gone on record to confirm that she
are already affected by bank branch closures are        has lobbied the Highland Council to keep open the
facing a double blow to their ability to access         29 toilets that are threatened with closure. I am
essential financial services.                           pleased to hear that repeated today.
   John Mason: The minister is probably aware             However, there remains real concern throughout
that, of the protected ATMs that are not meant to       the Highlands that the investment in hubs means
be lost, some 76 have been lost. Although there         that the 29 toilets will still close on 31 October. Will
may be valid reasons for that in some cases, there      the Government join me in continuing to press the
is an on-going investigation into at least 21 of        Highland Council to keep the loos open? Will it
them. Can the minister and the Government make          consider further financial help, if that is requested?
representations     to   the    United   Kingdom
                                                          Kevin Stewart: I pointed out to Mr Mountain
Government and Link to prevent further closures
                                                        that there is significant additional support this year
of ATMs, especially in remote and poorer areas?
                                                        for the Highland Council, which has £17.1 million
   Kate Forbes: I unequivocally make a                  more to support services.
commitment to the member that I will make
                                                          It is for the Highland Council, as an autonomous
representations. As I said, the issue is particularly
                                                        body, to make the decisions that it thinks are right
pertinent in light of the significant number of bank
                                                        for the Highlands. I hope that the council will listen
branch closures, which was debated in Parliament
                                                        to people across the area and make the right
this week. My predecessor, Paul Wheelhouse,
wrote to Link and the Payment Systems Regulator         decision, not only for the people of the Highlands
in support of protecting the ATM network. The           but for the many folk who visit the Highlands.
latest figures compound the need to protect those
essential services. I will happily write once again
to the Payment Systems Regulator and Link to
9                                                 20 SEPTEMBER 2018                                                    10

    First Minister’s Question Time                               The First Minister: I think that it is entirely
                                                               unbelievable.
                                                                  Unfortunately for Ruth Davidson, I have looked
12:00                                                          closely and with interest at Professor Scott’s
                                                               research. The problem is that when we try to
             Schools (Subject Choice)                          compare the old and new systems it is a bit like
  1. Ruth Davidson (Edinburgh Central) (Con):                  comparing apples with oranges. [Interruption.]
Earlier this year, I challenged the First Minister             Ruth Davidson might do well to listen to some of
over the shrinking number of subjects that Scottish            this.
school pupils can take. In reply, she said:                      Professor Scott focused on awards below higher
   “We will continue to work hard with local authorities and   level. In essence, he was looking at what pupils
with schools to ensure that our young people have the          achieve by the time they finish S4. However, the
broadest and widest possible choice.”—[Official Report, 17     days of large numbers of pupils leaving school at
May 2018; c 10.]                                               S4 are long gone; the overwhelming majority stay
What progress has she made on achieving that?                  on to S5 and S6, so we focus on the awards that
                                                               pupils achieve by the time they leave school. For a
  The First Minister (Nicola Sturgeon): We                     young person and their chances of getting an
continue to ensure that pupils have the widest                 apprenticeship, a college place, a university place
possible choice. Of course, the system has                     or a job, that is what matters, and when we look at
changed over the past few years and we now                     that, we see that attainment overall is up and the
assess the qualifications of young people at the               gap between the richest and the poorest is
stage when they leave school.                                  narrowing.
   When we look at pupil attainment at the point                 Here are some figures for Ruth Davidson to
when pupils leave school, we find two things,                  chew over. The proportion of pupils who are
which I hope that Ruth Davidson and all members                getting passes at higher level has risen more than
will welcome: first, we find that attainment overall           10 percentage points: it was 50.4 per cent in 2009-
is up in Scotland; and secondly, we find that the              10 and it was 61.2 per cent in 2016-17. When we
gap between the richest and poorest is narrowing.              look at national 5 level, we find that the proportion
That is what matters, and that is where real                   of pupils who are leaving school with an award
progress is being made.                                        has risen nine percentage points: it was 77.1 per
  Ruth Davidson: I am not sure that that was                   cent in 2009-10 and it was 86.1 per cent in 2016-
much of a progress report on school choice, so let             17. At higher level, the gap between the richest
us consider the progress that was presented to the             and the poorest has fallen by almost seven
Parliament yesterday, when Professor Jim Scott                 percentage points.
appeared before the Education and Skills                          Here is one last statistic, which should interest
Committee.                                                     members right across the chamber. It comes from
   Professor Scott talked about the staggering drop            Maureen McKenna, the director of education at
in subject choice in our schools following the                 Glasgow City Council. She points out that, in
introduction of curriculum for excellence. Now,                Drumchapel high school, which is in what is
more than half of Scottish schools restrict pupils to          recognised as one of our more deprived areas,
just six exam courses in secondary 4. Here is the              whereas in 2006, 8 per cent of pupils achieved
impact: over the past five years, the restricted               one or more highers by the end of S5, in 2018, the
choices that this Scottish National Party                      figure was 53 per cent. There has been an
Government has brought in have cost Scottish                   increase from 8 per cent to 53 per cent. It is about
pupils 622,000 qualifications—that is 622,000                  time that Ruth Davidson stopped talking our
courses that would have been sat but were never                schools down and started celebrating the
sat. [Interruption.]                                           achievements of pupils right across this country.

  The Presiding         Officer     (Ken    Macintosh):           Ruth Davidson: I can tell that the First Minister
Order, please.                                                 does not want to talk about the 622,000 figure. In
                                                               fact, she would rather talk about anything else. I
   Ruth Davidson: Professor Scott is a former                  think that I heard her say at the beginning of her
head of 18 years’ standing, so the members who                 answer that she did not believe it. I go back to the
are shouting from a sedentary position might want              transcript that I have of the evidence that was
to listen to what he had to say yesterday. He said:            presented to the Education and Skills Committee
  “I actually struggle to say that in a public forum. It is    yesterday, in which Jim Scott says:
almost unbelievable.”
                                                                  “if things had gone on as they were in 2013, we would
I think so, too. What does the First Minister make             have had an extra 622,000 qualifications in Scotland in the
                                                               five years since.”
of it?
11                                               20 SEPTEMBER 2018                                               12

That is the analysis.                                         Government introduce. Ruth Davidson has zero
                                                              credibility.
   The issue is not just about those 622,000
qualifications that have been lost; it is also about            Ruth Davidson: The First Minister can bawl
the drop in subject choice and where it is hitting            and shout the odds all she wants, but there are
pupils the hardest. Let us talk about schools in              legitimate questions to be asked about education
deprived areas, because the schools that are most             on her watch, and I will continue to ask them.
likely to drop down to as few as five subjects in
                                                                 In May, the First Minister accepted that the drop
S4, leaving pupils with little room to pursue a
                                                              in subject choice needed to be addressed. I read
rounded education, are in deprived areas.
                                                              out the answer that she gave a few months ago.
  Dr Marina Shapira of the University of Stirling             Today, she is saying that to have half of schools
also gave evidence yesterday. She said:                       offering only six courses at S4 is absolutely fine.
   “The reduction in subject choice is larger in schools in      The point here is that the crash in subject choice
higher areas of deprivation, and the reduction is larger in   that we are now seeing is a symptom of a wider
schools where there are more children on free school
meals.”
                                                              malaise, which has been caused by the chaotic
                                                              introduction of curriculum for excellence. Under
If we are going to sort out the problem, we need to           the First Minister’s Government, we have seen
accept the evidence. Will the First Minister accept           reduced subject choice, teachers being left in the
the evidence from Dr Marina Shapira?                          dark, the higher pass rate falling and attainment in
                                                              national exams decreasing by a third compared
  The First Minister: I will offer some more
                                                              with attainment on the old standard grades, yet, on
evidence from the director of education at
                                                              education, it shows no sign of listening to the
Glasgow City Council. Just this week, she said
                                                              evidence, to the Parliament or to parents or
that, in 2008, just
                                                              teachers.
“5% achieved 5 or more Highers by the end of S5”.
                                                                More must be done before the damage
In 2018, that had increased to what she described             increases. The solution is a complete overhaul of
as                                                            curriculum for excellence. For once, will the
“an incredible 13.4% an increase of 170%”.                    Government listen?
She pointed to another school in Glasgow, St                     The First Minister: If Ruth Davidson does not
Thomas Aquinas secondary school, where, in                    like my shouting out the evidence, let me repeat it
2006,                                                         a bit more quietly for her.
“29% achieved 1 or more Higher by the end of S5”.                The proportion of pupils who get passes at
                                                              higher level has increased, as has the proportion
In 2018, that had gone up to 65 per cent.
                                                              who get passes at national 5 level. The number of
   All the statistics are pointing in the same                skill-based qualifications that our young people
direction. I am not sure whether Ruth Davidson is             achieve in schools has doubled since 2012. We
saying that, somehow, that does not matter. I                 have a record number of young people going to
repeat that the proportion of pupils who get passes           university. To me, that sounds like success, and
at higher level has risen by more than 10                     this Government is determined to build on it.
percentage points. There has been a rise of 9
                                                                I turn to the curriculum for excellence, which has
percentage points in the number of those who get
                                                              just been lauded and praised by the International
a qualification at national 5 level. In addition, more
                                                              Council of Education Advisers. Week after week,
than 50,000 skill-based qualifications, awards and
                                                              almost, Ruth Davidson stands up here, demanding
certificates have been achieved this year, which,
                                                              more information on the performance of pupils in
incidentally, is double the number of skill-based
                                                              schools. Yet, yesterday, she and her party
qualifications that were achieved in 2012.
                                                              performed a breathtaking U-turn and voted against
   For added measure, on the subject of closing               assessments in primary 1, which she called for—
the attainment gap, just this morning the                     or demanded—in her party’s manifesto and has
Universities and Colleges Admissions Service has              demanded at regular intervals since then.
released new data that shows that Scotland has
                                                                On education issues, Ruth Davidson is a
hit another new record for the number of young
                                                              shameless opportunist. I will leave the political
people who are getting a university place. Let us
                                                              opportunism to her. I, the Deputy First Minister
start celebrating that success.
                                                              and the entire Government will get on with
   I do not think that the Tories have a shred of             delivering in the interests of pupils right across the
credibility left on education after the U-turn that           country. I think that the people of Scotland will
they did yesterday, when they voted to scrap                  notice the difference.
primary 1 assessments, which they spent the past
four years demanding that the Scottish
13                                             20 SEPTEMBER 2018                                               14

                     Education                             to Scotland’s teachers and start valuing them. This
                                                           week, Scotland’s teachers have rejected the
  2. Richard Leonard (Central Scotland) (Lab):
                                                           Government’s latest pay offer. If the First Minister
The Scottish Government still appears to believe
                                                           will not listen to teachers on primary 1 testing, will
that without standardised testing of five-year-olds,
                                                           she listen to them on pay?
teachers will not be able to assess our children’s
learning needs. Scotland’s teachers profoundly                The First Minister: We will continue to
disagree. Why does the First Minister believe that         negotiate on pay through the standard processes.
she knows more about teaching Scotland’s school            That is what we would be expected to do and it is,
children than Scotland’s school teachers do?               rightly, what we will do.
(S5F-02602)
                                                              I will go back to standardised assessments. It is
  The First Minister (Nicola Sturgeon): I                  interesting that Richard Leonard is quite selective
continue to believe that if we set benchmarks for          when it comes to respecting the will of the Scottish
what we think children in primary 1 should be              Parliament. [Interruption.] Let us focus for a
achieving in education, we have a duty to those            moment on the will of the people in an election. In
children, to their parents and to wider society to be      the 2016 Parliament election, two thirds of voters
able to know whether they are achieving those              voted for manifestos that contained a commitment
benchmarks. That is assessed through the                   to standardised assessment in primary 1. I do not
judgment of teachers, but it is right that that            know whether Richard Leonard thinks that that
judgment is informed by the standardised                   should just be cast aside, but I do not.
assessments that we have been discussing. I
                                                             We will reflect on what the Parliament said
continue to take that view. As the Deputy First
                                                           yesterday and we will make a judgment based on
Minister said yesterday, he—and we—will reflect
                                                           what we think is right for the interests of young
on Parliament’s judgment of yesterday, and we will
                                                           people throughout Scotland. Our consideration will
come back with a statement in due course.
                                                           not be party-political opportunism; it will be in the
   There is a mix of opinions among teachers. For          best interests of pupils in Scottish classrooms.
example, let me read out the opinion of Lindsey
                                                              Richard Leonard: Nicola Sturgeon says that
Watt, who is a former headteacher at Castleview
                                                           education is the driving and defining priority of her
primary school in Edinburgh, and a winner of the
                                                           Government. She says that she wants to be
Robert     Owen     award,      which   recognises
                                                           judged by her record on it, so let us look at the
inspirational educators. That teacher said:
                                                           record: £400 million has been cut from school
  “As a teacher of almost 40 years’ experience, 25 as a    budgets, the testing policy is in tatters, the flagship
head teacher, I’m confused as to why there has been such   education bill was ditched, and Scotland’s
a furore over P1 pupils undertaking ... Standardised
Assessments.
                                                           teachers are on the verge of strike action. I ask the
                                                           First Minister why, if education really is the top
  Various forms of standardised assessments in Primary 1   priority, the Government’s education policy is in
have been used for many years. The new format has been     such a mess.
an attempt to unify the process.”
                                                             The First Minister: I am delighted to be able to
and went on to say that the assessments
                                                           share all the following information with Parliament
“provide an opportunity for schools to access robust       again.
additional assessment, providing valuable information to
parents about their child’s learning journey”.               There is a higher proportion of pupils passing
                                                           exams in Scotland and more pupils are getting
That teacher’s opinion is important, as are those of
                                                           highers, national 5 qualifications and skills-based
all teachers. However, I am determined that we
                                                           qualifications. The gap between rich and poor
will raise standards and close the attainment gap.
                                                           pupils is closing and more young people, including
The more information we have to help us to do
                                                           young people from our deprived areas, are going
that, the better. That is my view, which is very
                                                           to university. That is a success, and it is success
strongly held.
                                                           on which we are determined to build.
   Richard Leonard: Last night, Parliament voted
                                                              I have said, and will say again, that education is
decisively to scrap primary 1 tests. We have a
                                                           our top priority. We want to be judged on that—but
First Minister who talks a lot about the will of
                                                           do you know what? For us to be judged on it, it is
Parliament when it is in the interests of her party. I
                                                           important that we have the information that tells
hope that she will listen to the will of Parliament
                                                           Parliament and Scotland whether we are
when it is in the interests of Scotland’s children.
                                                           succeeding. We have the information when it
  Teachers say that the tests are a waste of time,         comes to exam passes. I want to have such
but the Government says—we have just heard it              information from the early stages of primary school
again—that it will carry on regardless. The First          so that we know that we are not letting down
Minister always accuses others of talking Scotland         young people. We simply should not leave it too
down. I only wish that she would stop talking down         late to act and to intervene if young people need
15                                          20 SEPTEMBER 2018                                            16

extra help. That is why assessments in primary 1        most of its cattle and sheep to the Scottish
are the right thing to do. Two thirds of the people     mainland. As Malcolm Scott from Orkney Auction
who voted in the last election agreed with that.        Mart Ltd said to me earlier today, had Northlink not
That is rather important.                               secured the Arrow, the potential consequences for
                                                        farming in Orkney would have been disastrous.
       Paediatric Services (NHS Lothian)
                                                           Does the First Minister accept that meeting the
   Angela Constance (Almond Valley) (SNP):              growing freight needs of linchpin industries in
The West Lothian Courier recently reported on the       Orkney and Shetland requires access to a third
plight of the McKenzie family from Breich in the        freight vessel on an on-going basis? Will she ask
more rural part of my constituency. The family          her Cabinet Secretary for Transport, Infrastructure
attended St John’s hospital with their sick baby        and Connectivity to consider seriously proposals
and, after a three-hour wait for an ambulance,          that have been made that could increase freight
were eventually transferred to the Royal hospital       capacity on the northern isles and west coast
for sick children because the children’s ward at St     routes, as well as potentially freeing up additional
John’s remains closed to in-patients. The baby          space for passenger traffic?
was discharged at 11 pm and the family was left to
                                                           The First Minister (Nicola Sturgeon): I thank
walk into the city centre to catch the last bus to
                                                        Liam McArthur for raising an important issue. I
Livingston and then get a taxi home to Breich,
                                                        understand the demands that are being made for
arriving at 1:30 am. That, of course, is all contrary
                                                        increased freight capacity, and I will ask the
to the commitments that have been made by NHS
                                                        transport secretary to consider the proposals that
Lothian to provide transport support to local
                                                        have been made and brief me on his views on
families.
                                                        those, and to correspond with Liam McArthur on
  Given that baby Kenzie is one of 788 West             the way forward. The transport secretary will revert
Lothian children to have been transferred from St       to the member as soon as possible.
John’s to the sick kids hospital, how will the First
Minister and the Government ensure that NHS                     Royal Hospital for Sick Children
Lothian—specifically, its paediatrics programme                        (Contamination)
board—does absolutely everything, and more, to
                                                          Anas Sarwar (Glasgow) (Lab): This week, we
return our much-loved first-class children’s ward to
                                                        learned of the third contamination affecting the
a 24/7 service as soon as possible?
                                                        cancer ward at the Royal hospital for sick children
   The First Minister (Nicola Sturgeon): I assure       in a short space of time. The contamination has
Angela Constance that the Government will work          resulted in drinking water and washing facilities
closely with NHS Lothian to ensure that the ward        being affected, patients who are already
is reopened as quickly as possible. The acting          immunocompromised being prescribed antibiotics,
chief executive of NHS Lothian assured Jeane            patients being transferred to local hospices or
Freeman on 28 August that all efforts are being         having to go home to get a wash, and treatments
made to recruit medical staff and advanced nurse        being delayed.
practitioners in order to reinstate the in-patient
                                                           One angry and distressed parent, Donna-Louise
unit. The current situation relates to ensuring
                                                        Hurrell, contacted me directly and told me that her
patient safety; I do not think that any member of
                                                        daughter has now had her chemotherapy delayed
Parliament would irresponsibly suggest that
                                                        on three separate occasions. She asked me to ask
patient safety should not be paramount.
                                                        the First Minister how many cases of
  I will ask the Cabinet Secretary for Health and       chemotherapy have been delayed due to bacterial
Sport to look into the case that Angela Constance       and safety concerns affecting the hospital. Can the
has raised and will keep her and other members          First Minister address that question directly, and
who have an interest updated on progress on             also ask the Cabinet Secretary for Health and
getting the in-patient unit reopened as quickly as      Sport to instigate an urgent investigation of that
possible.                                               hospital, to get full answers and to ensure full
                                                        transparency in the interests of the patients, their
         Freight (Orkney and Shetland)                  families and the wider community, and to
                                                        guarantee that we can minimise the risk of this
  Liam McArthur (Orkney Islands) (LD): last
                                                        ever happening again?
week, a full-blown crisis for Shetland’s aquaculture
and shellfish sectors was averted only at the 11th         The First Minister (Nicola Sturgeon): The
hour by Northlink Ferries Ltd’s ability to charter an   situation is deeply regrettable. On the number of
extra freight vessel, which allowed vital time-         cases, I do not have that information to hand.
sensitive shipments to be made.                         However, I will undertake to ensure that the
                                                        information is provided to Anas Sarwar.
  This is also a critically important period for
Orkney’s livestock sector, which is looking to ship
17                                           20 SEPTEMBER 2018                                              18

  The primary concern of the health board and the        considering some decisions around works on the
Scottish Government is the safety and wellbeing of       A77.
children and their families at the hospital. We are
                                                            I hope that that answer is helpful. The transport
aware of the new cases that have been linked to
                                                         secretary will be happy to provide further
the incident, and the families who are involved
                                                         information.
have been kept fully informed. It is right that that
continues to happen.
                                                                           Tay Cities Deal
  At the moment, we are liaising closely with
                                                           Shona Robison (Dundee City East) (SNP):
Health Protection Scotland and Health Facilities
                                                         Does the First Minister share my serious concerns
Scotland. Both organisations are supporting NHS
Greater Glasgow and Clyde to ensure that all             over reports in The Courier earlier this week that
appropriate steps are in place to manage the             the United Kingdom Government is planning to
                                                         renege on the Tay cities deal? That would see the
incident.
                                                         UK Government reduce its contribution to the deal
  Although no patients with bacterial infections are     by a reported £80 million. Will she raise the matter
currently giving cause for concern, it is very           urgently with the UK Government to ensure that it
important that all precautions are taken to prevent      delivers on its part of this crucial deal?
any further infections.
                                                           The First Minister (Nicola Sturgeon): I
  I undertake to provide the information that Anas       understand the concern. Cities and their regions
Sarwar asked for, and I will also ask the health         play a crucial role in driving economic growth,
secretary to keep him and Parliament updated on          which is why the Scottish Government is working
the situation.                                           individually and collectively with our cities, regions
                                                         and the businesses and individuals within them to
                  A77 (Closures)                         boost that growth.
   Brian Whittle (South Scotland) (Con): The                All partners have invested a huge amount of
First Minister will be aware of the issues at Ayr        work in their proposals for the Tay cities deal and
Station hotel and the severe disruption to rail          delivering for the regional economy. We continue
services south of there, which are pushing even          to encourage the UK Government to match the
more traffic onto the already overloaded A77.            Scottish Government’s investment in the Tay cities
                                                         deal. The Scottish Government remains absolutely
  Are the First Minister and her Government
                                                         committed to achieving a heads of terms
aware that there are plans to close the A77
                                                         agreement as soon as possible. We are in a
several times over the next few weeks for urgent
                                                         position to proceed right now and are waiting for
resurfacing works, which will, in effect, cut off the
                                                         the UK Government to confirm its position. I hope
south-west? Although we do not want the
                                                         that that happens soon and that the commitment
resurfacing works to be postponed, given the
                                                         of the UK Government is not diminished.
road’s appalling state of disrepair, there must
surely be a better plan—one that takes into                I had the privilege of attending the opening of
account the travel needs of the population in the        the V&A last Friday. It will be transformational for
south-west, which includes the replacement bus           Dundee. It would be a deep shame if that
service, and which takes account of the huge             momentum could not continue with the Tay cities
volume of freight traffic that uses that road.           deal being resolved as quickly as possible. The
                                                         Scottish Government is ready to go. The question
   The First Minister (Nicola Sturgeon): I
                                                         that remains to be answered is whether the UK
understand the difficulties that are being posed by
                                                         Government will stick to its commitment. I hope
the situation with Ayr Station hotel. Brian Whittle
                                                         that the answer to that is yes.
says that he thinks that the resurfacing works
should not be postponed, which obviously limits
                                                                 Demonstrators (Police Scotland)
the options. However, Transport Scotland and
others who are involved must, of course, look              3. Patrick Harvie (Glasgow) (Green): I hope
closely at such decisions to ensure that disruption      that the First Minister is aware of revelations that
is minimised. I know that the Cabinet Secretary for      have been published by The Ferret and The
Transport, Infrastructure and Connectivity will take     National that campaigners against fracking are
a close interest in the matter, and I will happily ask   among the peaceful, democratic campaigners who
him to correspond with the member about it.              have been labelled by Police Scotland as
                                                         “domestic extremists”. We have known for years
   We have, in previous weeks, talked about the
                                                         that environmental campaigners, along with peace
situation at Ayr station. A proposal was made
                                                         activists and others, have in the past been spied
about car-parking spaces at Prestwick airport,
                                                         on or infiltrated by police forces in the United
which has been taken forward. We will continue to
                                                         Kingdom, including in Scotland. This statement of
do whatever we can to minimise the disruption that
                                                         current practice, however, is shocking.
the situation is causing, which includes
19                                            20 SEPTEMBER 2018                                                20

   Anti-fracking campaigners who exercise their            democracy. People should have the right to
democratic right to protest are heroes, yet Police         protest, as long as they do so peacefully. That
Scotland is labelling them as “domestic                    applies to the people who will be at Faslane on
extremists”. When did the First Minister or her            Saturday. I wish them well. I look forward to the
Cabinet Secretary for Justice become aware of              day when there are no nuclear weapons on
this, and what action has the Government taken to          Scottish soil at Faslane, and the sooner that day
address it?                                                arrives, the better. The right to protest also applies
                                                           to people protesting against fracking or
  The First Minister (Nicola Sturgeon): First, I
                                                           campaigning on any other issue. That is my very
absolutely support the right of peaceful democratic
                                                           firm view, and one that I hope has the support of
protest. I have taken part in many peaceful
                                                           members across the chamber.
democratic protests, including at Faslane against
nuclear weapons. I will defend the right of people
                                                                         Brexit (People’s Vote)
to demonstrate, whether they are protesting
against fracking or nuclear weapons or anything               4. Willie Rennie (North East Fife) (LD): I
else. As long as they do that peacefully and               congratulate the First Minister on being so bold
democratically, I defend their right to do so. It is for   and radical this morning: she now wants to delay
the police to answer for the operational decisions         Brexit by a few weeks. That will definitely save us
that they take, but that is my view. I am happy to         from colossal economic damage. Despite growing
state that view unequivocally today.                       calls for a final say on the deal, the First Minister
                                                           continues to dither. Does she not understand that
   Patrick Harvie: We should not accept that this
                                                           we do not just need a delay to Brexit but need to
is merely an operational matter. If individuals,
                                                           stop it dead in its tracks?
campaign groups and communities cannot
peacefully campaign on issues that matter in our             The First Minister (Nicola Sturgeon): First, I
society without being labelled as “domestic                do not want Scotland to be dragged out of the
extremists”—the same category used to describe             European Union against its will—I do not want it to
the threat that is posed by racist and fascist forces      happen in March, I do not want it to happen in
in our society—it strikes at the heart of the              April and I do not want it to happen at all.
relationship between policing and the public. That         However, nothing that Willie Rennie has ever said
is clearly a political question.                           on the issue would give Scotland a guarantee that
                                                           in future we will not be dragged out of the EU
  The First Minister mentioned Faslane. This
                                                           against our will.
weekend, I will join members of my party, as well
as members of the Scottish National Party and, I              I will make an offer to Willie Rennie as
am sure, Labour and many others, at Faslane                somebody who supports the idea of a people’s
again to protest about the existence of weapons of         vote. Yesterday, I again said that the Scottish
mass destruction in Scotland, just as people have          National Party will not stand in the way of that.
worked across party lines to oppose blood sports,          However, if Willie Rennie wants me to be an
environmental destruction, asylum evictions and            enthusiastic advocate of such a vote, let him
more. The right to do so freely is fundamental to a        explain to me how it would guarantee that we will
democratic society.                                        not simply find ourselves in the same position we
                                                           found ourselves in June 2016, when Scotland
   Can the First Minister give an assurance that
                                                           voted to remain in the EU but the rest of the
campaigners at Faslane on Saturday will not be
                                                           United Kingdom voted to leave. If he can explain
designated as “domestic extremists” merely for
                                                           right now how Scotland is guaranteed that it will
attending a peaceful rally?
                                                           not find itself in that position, I am happy to talk to
  The First Minister: Let me give my view. If I            him further about the matter.
were to start to speak in the chamber on behalf of
                                                             Willie Rennie: The First Minster should be
Police Scotland, there would be all sorts of
                                                           preparing for victory, not defeat. [Interruption.]
justifiable and legitimate criticisms of me for doing
so. I am happy to ask the chief constable on                 The Presiding Officer: Order, please.
behalf of Police Scotland to address the point that
                                                              Willie Rennie: We would have a better chance
Patrick Harvie has raised.
                                                           of winning the people’s vote if we had the Scottish
   To return to my view on the issue, I do not             Government on board. [Interruption.]
consider people who protest against nuclear
weapons, fracking or anything else in a peaceful             The Presiding Officer: Order, please.
and democratic way to be extremists in any sense,             Willie Rennie: Every day the First Minister
and I would not expect anybody to consider them            dithers gives comfort to those who want a hard
to be extremists.                                          Brexit. Being neutral on the question of having a
                                                           people’s vote undermines the positive way out of
  Patrick Harvie is absolutely right to say that
                                                           this situation.
peaceful protest is a fundamental part of
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